Citation Nr: 9804925
Decision Date: 02/19/98 Archive Date: 03/02/98
DOCKET NO. 96-12 803 ) DATE
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On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO)
in Philadelphia, Pennsylvania
THE ISSUE
Entitlement to an increased rating for the service-connected
residuals of a shrapnel wound, left forearm, currently
evaluated as 30 percent disabling.
REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
The veteran
ATTORNEY FOR THE BOARD
M. E. Larkin, Associate Counsel
REMAND
The veteran served on active duty from July 1942 to November
1945.
This matter is before the Board of Veterans’ Appeals (Board)
on appeal from a June 1995 rating action of the RO.
In a letter dated in January 1998, the Board attempted to
contact the veteran and his representative to clarify whether
the veteran desired a hearing before the Board. In a
response received at the Board later in that month, the
veteran’s wife reported that he had died. Notations in the
claims file reveal that, to date, no official notification or
documentation has been received concerning the veteran’s
death.
As a matter of law, veterans’ claims do not survive their
deaths. Landicho v. Brown, 7 Vet. App. 42, 47 (1994);
consequently, official documentation of the veteran’s death
is required.
Accordingly, this case must be REMANDED for the following
action.
The RO should take appropriate steps to
contact the veteran’s wife in order to
obtain documentation confirming the
veteran’s death, i.e., a copy of the
death certificate.
Thereafter, the case should be reviewed by the RO. If
indicated, the RO should prepare a supplement statement of
the case and afforded the appropriate party with an
opportunity to respond thereto. Thereafter, the case should
then be returned to the Board for the purpose of appellate
disposition.
This claim must be afforded expeditious treatment by the RO.
The law requires that all claims that are remanded by the
Board of Veterans’ Appeals or by the United States Court of
Veterans Appeals for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans’ Benefits Improvements Act of 1994, Pub. L.
No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A.
§ 5101 (West Supp. 1997) (Historical and Statutory Notes).
In addition, VBA’s ADJUDICATION PROCEDURE MANUAL, M21-1, Part
IV, directs the ROs to provide expeditious handling of all
cases that have been remanded by the Board and the Court.
See M21-1, Part IV, paras. 8.44-8.45 and 38.02-38.03.
STEPHEN L. WILKINS
Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1996).
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